Date: Sat, 25 Nov 1995 14:31:05 EST
From: slong@osiris.elte.hu
CALL FOR ACTION:
ROMANIAN PENAL CODE REFORM REJECTED
The Romanian Chamber of Deputies has rejected a package of revisions
to the Romanian penal code, a package which would have included amendments to
Article 200--Romania's notorious law criminalizing consensual homosexual acts
between adults.
The amendments would have represented a partial but not complete
decriminalization of homosexuality. Article 200, paragraph 1 of the penal
code currently punishes any adult, consensual homosexual act with one to
five years' imprisonment. The proposed revisions would have reserved the
same punishment for homosexual acts "committed in public or which cause
public scandal." An additional provision would have imposed one to five
years' imprisonment for "organizing, associating, or any act of proselytism"
for homosexuality.
The proposed revisions had been widely criticized by Amnesty
International and other human rights organizations for their vagueness and
for potential threats to freedoms of speech, assembly, and association.
However, the possibility of even a partial liberalization of laws
affecting homosexuality had roused a storm of controversy in Romania. The
Orthodox Church spearheaded a year-long petition campaign calling for
increased penalties for gay and lesbian sex.
In the November 21 Chamber of Deputies vote, three extremist parties
--the Party of Romanian National Unity, the Greater Romania Party, and the
Socialist Workers' Party--cast the deciding votes against the penal code
package. All three cited the alleged easing of sanctions against
homosexuality as a crucial reason behind their opposition.
The Government must now introduce new proposals for penal code
reform in the next parliamentary session.
The International Gay and Lesbian Human Rights Commission has
helped lead a four-year campaign for repeal of Romania's draconian
laws against homosexuality. We urge the Romanian government to end its
intolerable delays, and to move quickly to meet international human-
rights norms as well as its own treaty commitments.
We urge *you* to help pressure the Romanian government to
act now.
SAMPLE LETTER TO ROMANIAN GOVERNMENT OFFICIALS
Dear
In its 1993 resolution recommending the admission of Romania,
the Parliamentary Assembly of the Council of Europe declared that it
"expects that Romania will shortly change its legislation in such a
way that . . . Article 200 of the Penal Code will no longer consider
as a criminal offense homosexual acts perpetrated in private between
consenting adults."
I am writing to express my outrage that, two years later,
Romania has still failed to meet its commitments.
In failing to pass adequate reforms to the Penal Code, the
Parliament of Romania has flagrantly rejected its international
human-rights commitments.
Moreover, even the proposed revision fell flagrantly short
of the expectations expressed by the Council of Europe. References
to homosexual acts "which cause public scandal" would have left the
way open for continued prosecution, blackmail, and police harassment
of homosexuals in Romania. Moreover, new provisions against "organizing,
associating, or any act of proselytism" would have constitued a severe
violation of the freedoms of speech, assembly, and association
guaranteed to all Romanian citizens.
Romania's record of broken promises on this issue must be
brought to an end. The persecution and torture of gays and lesbians
in Romania has been strongly criticized not only by the Council of
Europe but by many other international organizations. In rejecting
penal code reforms in its November 21 vote, the Romanian parliament
has paved the way for further isolation and condemnation of Romania
by the international community.
We urge you to press for quick passage of an alternative
revision of Article 200, which will eliminate *all* legal penalties
for consensual homosexual acts, and which will honorably and finally
fulfil Romania's obligations.
Sincerely
SEND TO:
The Honorable Petru Tanase TAVALA
Chairman, Committee for Human Rights
Senate of Romania
Palatul Parlamentului
Bucharest, ROMANIA
The Honorable Oliviu Gherman
Chairman, Permanent Bureau of the Senate
Senate of Romania (etc.)
The Honorable Adrian Nastase
Presidinte
Camera Deputatilor
Palatul Parlamentului (etc.)
for more information, contact:
Scott Long
tel. 361-131-2589
fax 361-112-4982
email: slong@osiris.elte.hu